The discretionary nature of approaching the High Court or the Court of Session for anticipatory bail under Section 438 of Cr.P.C, the importance of personal liberty, and the presumption of innocence were the central legal points established in the judgment.

ORDER

Chandra Dhari Singh, J. (Oral)

1. The Applicant has approached this Court inter alia seeking anticipatory bail since the Applicant apprehends his arrest in connection with ECIR No. F. No. GNZO/10/2021 (hereinafter to be referred as "ECIR") dated 15th June 2021 registered by the Enforcement Directorate (`ED') under Section 3 and Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "PMLA").

FACTUAL MATRIX

2. The background of the matter is that between the period of years 2018-2020, 13 FIRs were registered by certain allottees of two separate residential projects, `Skyon' and Floors, plots and Villas, undertaken by the IREO Group, i.e., M/s IREO Pvt. Ltd. and M/s IREO FiveRiver Pvt. Ltd., respectively, on the ground of delay in handing over/delivery of possession of apartments/commercial units. There were no specific allegations against the Applicant, his family members, the M3M Group or any of its entity in the said FIRs.

3. While investigation into the said FIRs against the IREO Group of Companies, the Respondent/ED came to register the ECIR No. F.No. GNZO/10/2021 on 15th June 2021. In this ECIR as well, the applicant or the M3M Group of Companies were not arrayed as accused and no allegations were levelled against them.

4. Thereafter, on 14th January 2022, the Respondent filed a Prosecution Complaint bearing registration No. 01/2022 titled `Asst. Director, Directorate of Enforcement vs. Lalit Goyal & Ors.' against 7 accused under Section 200 of the CrPC and Section 44 and 45 of the PMLA for offences under Section 3 read with Section 70 punishable under Section 4 of PMLA and subsequently, the number of FIRs also raised from 13 to 30.

5. On 21st January 2022, the learned Special Judge (PMLA), Panchkula, Haryana took cognizance of the Prosecution Complaint filed by the respondent.

6. On 12th May 2023, the Respondent issued summons no. PMLA/SUMMON/GNZO/2023/439 to the M3M India Pvt. Ltd. calling upon it to appear to provide information and documents pertaining to transactions of M3M with certain companies. The Applicant has never been issued summon by the respondent.

7. On 1st June 2023, the Respondent along with other officials carried out raised on properties belonging to the M3M and its Group Companies including the undernamed premises:

a. Registered office at M3M IFC, Tower A, Sector 66, Gurugram.

b. CRM Office at M3M, UBP, 7th Floor, Sector 67, Gurugram.

c. Head Office of Smart World at M3M IFC, Tower-B, Sector 66, Gurugram (Group Company of M3M).

d. Residential premises of the Applicant and other family members being 31st, 32nd and 34th Floors, St. Andrews, Sector 65, M3M Golf Estate, Medawas (85), Gurugram, Haryana - 122101.

8. In pursuance of the raids and inquiry, the respondent also seized numerous assets, including cars, cash, jewellery etc. and also issued letters to bankers of M3M and its Group Companies directing that various bank accounts of the Company and its group concerns be marked as `debit freeze' accounts.

9. The Applicant, along with Roop Kumar Bansal and Basant Bansal and M3M, through its authorized representative, approached this Court under Article 226 of the Constitution of India in W.P. (Crl) No. 1751/2023 seeking protection against the respondent.

10. Therefore, the applicant has grave apprehension that the respondent will arrest him as well in relation to the above said cases.

SUBMISSIONS

(On behalf of the Applicant)

11. Dr. Abhishek Manu Singhvi, learned Senior Counsel appearing on behalf of the Applicant contended that under Section 438 of the Cr.P.C. that there is a concurrent jurisdiction casted upon the Court of Session and High Court. The Concurrent jurisdiction does not bar the applicant from approaching High Court first. It is submitted that the parallel has been drawn from the writ jurisdiction which is concurrent under Article 32 of the Constitution of India to approach the Hon'ble Supreme Court and under Article 226 of the Constitution of India to